Post from stcyr -
I completely agree with you regarding the pilot having the authority to turf anyone off his plane. Furthermore, I believe that it is right and proper that the pilot should be entrusted with such powers – in fact, I think anyone who is responsible for passenger safety (busdriver etc.) should have the same right.
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Wow, how thoroughly decent. You believe that the pilot or captain [u]should[/u] have complete authority and responsibility for crew and passengers (they already do!), but that whenever the captain actually exercises that right to make decisions based upon his own judgment at the time, it's perfectly legitimate that he should be called into court for questioning of his motives in whatever decisions he makes!
Are you o.k. with the amount of money that it takes to run a courthouse, for all the salaries of all the court personnel to give your SSAgent plaintiff his access to the civil courts?
Are you o.k. with the amount of time this captain will be required to spend away from his flight duties and responsibilities to attend depositions, hearings, mediations, etc., not to mention for the interminable delays in actually getting to trial?
Are you o.k. with the 'chilling effect' that such lawsuits might create in the minds of airline captains that make the 'almighty dollar' a part of their consideration of whether to let a suspicious passenger board or not?
However, its axiomatic that those vested with such power should exercise their authority in a responsible manner and be held accountable for their actions. Just as a LEO can be charged with false arrest if he acts without sufficient justification.
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Yes, and the captain should be answerable to American Airlines only for what happened on the tarmac that day. Or to the FAA. But not to 'Joe Schmoe, SSAgent and Provocateur' and his ambulance-chasing Pettifogger!
And, through the courts, the SS agent is exercising his own rights (and your's and mine) and is demanding that the pilot be held accountable.
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READ: [b]He wants money! His attorney wants some of that money![/b] If he wanted an apology he wouldn't have gone to the lawyer and the lawyer to the press! Money? Understand?
The issue before the court will not involve the authority of the pilot. It will be whether or not was he JUSTIFIED in exercising that authority. Unlike the majority of the members who have responded to this thread, the court will make its decision after hearing BOTH sides of the story and ALL the evidence submitted.
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And all this because the idiot couldn't fill out a legal form that he should have been used to filling out counteless times before!
He'll get used to filling out legal forms in the near future!
And I bet his days on the President's personal SS team are dwindling to a close!
Ooooh, do I smell [u]another[/u] lawsuit?
Eric The(AskHisLawyerIfHeSmellsIt,Quick!)Hun[>]:)]